The Family Division of the High Court in Nairobi has dismissed an application by former East African Court of Justice judge Charles Nyachae seeking to remove his stepmother, Grace Nyachae and stepbrother Leon Nyachae from the management of the vast estate of the late Cabinet Minister Simeon Nyachae.
In a ruling delivered by Justice Rose Oganyo found that Charles had failed to substantiate claims that the estate had been mismanaged or that those overseeing it had unlawfully interfered with its administration.
The dispute stems from the administration of the estate following the death of Simeon Nyachae in February 2021. Under his will, Charles Nyachae, Angela Mochache and Eric Maina Nyachae were appointed as executors responsible for managing and distributing the estate.
Court records showed that a majority of the executors agreed to retain Sansora Group Limited as the estate manager, maintaining an arrangement established by the deceased during his lifetime. The company is associated with Grace and Leon Nyachae.
However, Charles challenged the arrangement, arguing that the Sansora Group had improperly assumed control of estate properties and collected rental income without proper authority. He further accused his co-executors of failing to discharge their duties and sought orders removing the company from management of the estate.
He also wanted the court to appoint Ark Consultants Limited as an independent manager and compel the respondents to render a comprehensive account of all rental income received since February 2021.
Justice Oganyo, however, found no evidence to support allegations of intermeddling or mismanagement.
The judge held that Sansora Group's role was backed by a written agency agreement executed by Simeon Nyachae on December 1, 2015, and that the arrangement was later ratified by the majority of executors in accordance with the provisions of the will.
According to the court, claims of unlawful interference with an estate must be supported by evidence demonstrating that assets have been wasted, alienated, or exposed to risk.
Justice Oganyo observed that Charles had not presented independent or property-specific evidence showing that any estate assets had been misused.
The court also emphasised that the deceased had deliberately included a clause in his will allowing executors to make decisions by majority vote, providing a clear mechanism for resolving disagreements.
The judge held that overturning decisions reached by the majority at the request of a single dissenting executor would undermine the wishes of the deceased.
On the issue of accountability, the court found that the administrators had already provided audited statements detailing the estate's income and expenditure. The existence of audited accounts and interest-bearing holding accounts, the court noted, demonstrated that the executors were properly discharging their fiduciary obligations.
Justice Oganyo further noted that the grant of probate had already been confirmed on June 2, 2026, paving the way for the distribution of the estate.
Consequently, the court dismissed the application in its entirety, allowing Sansora Group to continue managing the estate's properties under the authority of the majority executors.
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